Theft of a fellow soldier's earphones
While serving as an enlisted soldier the client took a fellow soldier's earphones, worth about 280,000 won, from the unit office. Caught using them, the client claimed they were their own, but the serial number showed otherwise, so the client apologised and handed them back. The victim said the matter would be left there, but the client was prosecuted for theft after discharge.
Conscript soldierBarracks theftEarphonesFirst offence
Sentence suspended (선고유예)Criminal
This image is for illustrative purposes and is not a photo of an actual case.
Suspended sentence
A 'suspended sentence' is a suspension of the pronouncement of a sentence, taking into account extenuating circumstances, when imposing imprisonment or imprisonment without labor for up to one year, suspension of qualifications, or a fine. If a case receiving a suspended sentence does not receive a sentence of suspension of qualifications or heavier for another crime within two years from the date of the suspended sentence, it is deemed to be dismissed, which means it does not remain on the criminal record.
Such a suspended sentence is a judgment exceptionally given only when the nature of the crime is very light, and it is the most favorable judgment among the guilty verdicts that the court can render for the defendant.
Recently, I will introduce a case in which attorney Joo Youngjae obtained a suspended sentence in a larceny case.
Facts
While serving as a soldier in an artillery battalion under an army infantry division, the defendant (client) stole a pair of 'AirPods 2nd generation' earphones worth approximately 280,000 Korean won, which a fellow soldier had left in the administrative office for safekeeping.
The defendant used the earphones, and when the victim caught him, he claimed they were his. However, a check of the serial number revealed that they were the victim's property.
The defendant apologized to the victim and returned the item, and the victim said he would not make an issue of it, so the defendant thought it was resolved. However, after discharge from the military, he was indicted for larceny.
Attorney Joo Youngjae's assistance
Attorney Joo Youngjae, who took over the case, argued as sentencing reasons that the value of the stolen item was small, the defendant had no prior criminal record at all, and the defendant reached a smooth settlement with the victim.
Court's decision
The court accepted the above sentencing arguments of attorney Joo Youngjae and issued the most favorable judgment for the defendant: a suspended sentence.
The above judgment became final as both parties waived appeal.
Before you read
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